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Rakkumuthu v. the Inspector of Police

Madras HC11 Sept 2013CRL OP(MD)/10092/2013

Case brief

AI extract

What is this about?

Madras High Court granted anticipatory bail to Rakkumuthu, accused of property fraud related offences arising from a family dispute over land sale, subject to a cash bond, sureties, daily police appearances for two weeks, and execution of a bond within 15 days.

What did the court decide?

Anticipatory bail granted subject to Rs. 10,000 bond with two sureties, daily police appearances for two weeks, and execution of bond within 15 days.

Rakkumuthu Vs the Inspector of Police — Cheating and Forgery | Madras HC (2013)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eleventh day of September Two Thousand Thirteen

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PRESENT The Hon`ble Mr.Justice C.T.SELVAM

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CRL OP(MD) No.10092 of 2013

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RAKKUMUTHU ... PETITIONER / ACCUSED No.1

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THE INSPECTOR OF POLICE CITY CRIME BRANCH (CCB), TIRUNELVELI, CRIME NO. 13 OF 2013.

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... RESPONDENT/ COMPLAINANT

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For Petitioner : M/S.R.PON KARTHIKEYAN Advocate

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For Respondent : MRS.S.PRABHA, Govt. Advocate ( Crl. Side)

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PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

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ORDER : The Court Made the following order :-

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The petitioner/A1, who is arrayed as accused, pray for the grant of anticipatory bail under Section 438 of Cr.P.C. for the offences punishable under Sections 465, 467, 468, 471 and 420 IPC in Crime No.13 of 2013 on the file of the respondent police.

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2.The case of the prosecution is that the de-facto complainant purchased the property in Survey No.36/2 situated at V.M.Chathiram measuring 25 cents from the petitioner on 14.09.1994. Subsequently again the petitioner sold the said property to the accused No.2 on 21.09.2011.

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3 . Learned Counsel for the petitioner would submit that the petitioner is the maternal uncle of the de-facto complainant. The de-facto complainants mother is the elder sister of the petitioner. The petitioner and the de-facto complainant family and difference of opinion and they asked to return back the money which was paid towards consideration for the purchase of the above land in the year 1994. The petitioner also repaid the said amount but he did not cancel the sale deed, however as a proof of such he retained the original documents with him. Since the market value of the said lands are escalating, with ulterior motive and due to previous enmity the present complainant has been lodged. He further submits that the Mediation could not succeed.

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4.Learned Government Advocate(Crl.Side) submits that investigation is going on.

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5. On consideration of the facts and circumstances of the case https://hcservices.ecourts.gov.in/hcservices/ and the submissions made, this Court is of the view that the petitioner can be granted the relief prayed for.

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Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the learned Judicial Magistrate No.I, Tirunelveli, within 15 days from the date of receipt of copy of the order and on executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police, daily at 10.00 a.m., for a period of two weeks and thereafter as and when required. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

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sd/11/09/2013

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/ TRUE COPY /

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Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO

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1.THE JUDICIAL MAGISTRATE NO.I,TIRUNELVELI.

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2.-DO-THRO' THE CHIEF JUDICIAL MAGISTRATE,TIRUNELVELI

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3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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4.THE INSPECTOR OF POLICE CITY CRIME BRANCH (CCB), TIRUNELVELI.

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+1. CC to M/S.R.PON KARTHIKEYAN Advocate SR.No.45046

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ORDER

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IN CRL OP(MD) No.10092 of 2013 Date :11/09/2013 rg.13.09.2013 2p/6c.

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https://hcservices.ecourts.gov.in/hcservices/

Rakkumuthu v. the Inspector of Police

Case brief

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Rakkumuthu v. the Inspector of Police

Case brief

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